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Self-Determination, Terrorism and the International Humanitarian Law of Armed Conflict

Author: Elizabeth Chadwick

Publisher: BRILL

Published: 2023-08-28

Total Pages: 235

ISBN-13: 9004632417

A preliminary definition of international terrorism was agreed by the world community in 1937. Since then, a World War and the Cold War have made any such modern consensus impossible. In particular, the UN principles of equal rights and self-determination of `Peoples' have caused political and juridical confusion, in that liberation fighters who utilize terror methods as one tactic in an overall political strategy to achieve self-determination are frequently termed `terrorists', and are prosecuted as such. In order to regulate wars of self-determination under international law, and to control the means and methods of warfare utilized in them, international humanitarian law (IHL) was extended in 1977 to include armed conflicts for the right to self-determination `as enshrined in ... the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations'. Thus, acts of terrorism perpetrated during armed struggles for self-determination are separable from random acts of international violence and, when perpetrated by states or insurgent forces during wars of self-determination, may be prosecuted under IHL as war crimes. However, although states are obliged to seek out and prosecute the perpetrators of illicit acts of warfare, they rarely do so. Dr Chadwick argues that, should IHL be fully utilized during wars of self-determination, if only for purposes of guidance, the separability of illicit acts of war would enable the international community to reach consensus more easily in regard to a definition of terrorism in general, and a coordination of efforts to deter its occurrence.

Self-Determination in the Post-9/11 Era

Author: Elizabeth Chadwick

Publisher: Routledge

Published: 2011-05-06

Total Pages: 196

ISBN-13: 1136735844

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This book discusses the increasing tendency in certain government quarters to incorporate struggles by peoples for their self-determination into the wider anti-terrorist agenda of the post-9/11 era. This tendency distorts the laws of armed conflict and of peace alike. As inter-state anti-terrorist co-operation becomes more extensive, the transaction costs of international peace and security between states increase. Modes of domestic state governance are left increasingly to the vagaries of inter-state non-interference in the domestic affairs of each other. The ‘war on terror’ and an increasingly strict, domestic state law-and-order approach to silence political opponents increases the dangers for civilians, eliminates rights, and generates suspect communities. At the same time, public institutions and private corporations are harnessed into the mechanics of a broad project of prevention and control. Distinctively, the book considers the impact of the recent ‘war on terror’ on the politics of the self-determination of peoples. It draws together issues related to governmental forceful action, an increasing intolerance towards non-state violent acts, the content of international and regional codifications, expansions in state discretion, the encroachment of surveillance powers, and the interaction and overlap between intelligence and law enforcement agencies. Self-Determination in the Post-9/11 Era will be of interest to students and scholars of public international law, criminology, comparative criminal justice, terrorism and national security, politics, international relations, human rights, governance and public policy.

The Kurdish Conflict

Author: Kerim Yildiz

Publisher: Routledge

Published: 2010-06-21

Total Pages: 377

ISBN-13: 1136954635

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The book looks at practically applying the law of armed conflicts to the ongoing situation in Turkey and Northern Iraq. The application of the law in this region will also mean addressing larger questions in international law, global politics and conflict resolution including belligerency in international law, whether the 'law on terror' has resulted in changes to the law of armed conflict and terrorism and conflict resolution. The book goes on to consider conflict resolution in the region, offering a comparative analysis of the situation in Northern Ireland, and suggesting possible political solutions to bring the conflict to an end. This book is the first study into the legislative and humanitarian side of the conflict and will offer a scholarly exploration of a debate that is often politically and emotionally highly charged.

Civilian or Combatant?

Author: Anicee Van Engeland

Publisher: Oxford University Press

Published: 2011-04-19

Total Pages: 192

ISBN-13: 0199876754

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In Civilian or Combatant?: A Challenge for the 21st Century, Anic?e Van Engeland describes how the practice and evolution of warfare have turned international humanitarian law into an enigmatic law that is complex to understand, interpret, and enforce. Van Engeland identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon. The events of 9/11 and the aftermath have put this branch of international law, in particular, the distinction between civilians and combatants, to the test. Van Engeland describes how some analysts have both questioned whether international law can adapt to these issues and challenged international humanitarian law on the basis that it cannot meet today's warfare realities. Van Engeland responds to these critics, reminding readers that international humanitarian law was not drafted to rule on war, but rather to protect victims of war, in particular civilians. Consequently, Van Engeland demonstrates that this branch of international law is in constant evolution. Through a thorough and illustrated analysis, Van Engeland explains how civilians and combatants are still distinguishable, as well as how international humanitarian has been stretched to meet these challenges.

International Humanitarian Law

Author: Nicholas Tsagourias

Publisher: Cambridge University Press

Published: 2018-06-14

Total Pages: 425

ISBN-13: 1107090598

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This book offers a thematic and comprehensive account of international humanitarian law by juxtaposing key materials and targeted commentary.

The Law of Armed Conflict

Author: Gary D. Solis

Publisher: Cambridge University Press

Published: 2010-02-15

Total Pages: 692

ISBN-13: 9780521870887

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The Law of Armed Conflict: International Humanitarian Law introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict/international humanitarian law applies to particular armed conflicts? Does that law apply to terrorists as well? What is the status of participants in an armed conflict? What constitutes a war crime? What is a lawful target and how are targeting decisions made? What are rules of engagement? What weapons are lawful and unlawful, and why? This text takes the reader through these essential questions of the law of armed conflict and international humanitarian law to an awareness of finer points of battlefield law. The U.S.-weighted text incorporates lessons from many nations and includes hundreds of cases from jurisdictions worldwide.

Non-Combatant Immunity as a Norm of International Humanitarian Law

Author: Judith Gail Gardam

Publisher: BRILL

Published: 2023-11-27

Total Pages: 213

ISBN-13: 9004632409

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Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.

Non-combatant Immunity as a Norma of International Humanitarian Law

Author: Judith Gail Gardam

Publisher: Martinus Nijhoff Publishers

Published: 1993-04-08

Total Pages: 218

ISBN-13: 9780792322450

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International Legal Dimension of Terrorism

Author: Pablo Antonio Fernández-Sánchez

Publisher: BRILL

Published: 2008-12-23

Total Pages: 528

ISBN-13: 9004180869

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More than ever before International Humanitarian Law needs to find new solutions to new types of conflicts. The current state of the fight against terrorism is without doubt one of the new problems facing international society and one of the concerns of International Humanitarian Law. This volume offers reflections on the international legal theory of terrorism, international responsibility, the obligation to prevent terrorist acts, terrorism in armed conflicts, the responses to terrorism by regional international organizations and the legal limits to the fight against terrorism. The contributors consist of academics (and politicians) from Morocco, Algeria, Egypt, Tunisia, Lebanon and Israel, as well as from Spain, Italy, France, the United Kingdom, Switzerland and a representative for the Organisation of American States. The book thus contains a wide, multidisciplinary debate, with an emphasis on a Mediterranean perspective. In addition to examining all aspects of international terrorism, the objective of the symposium which gave rise to these essays was to establish some guidelines, in the form of a Declaration, to serve as the basis for the UN’s High Level Group for the Alliance of Civilisations on the subject of international terrorism. This overall objective was achieved with the adoption of the Huelva Declaration for an Alliance of Civilisations against Terrorism, the text of which is included at the end of this book.

The Law of Armed Conflict

Author: Howard M. Hensel

Publisher: Routledge

Published: 2017-09-29

Total Pages: 281

ISBN-13: 1351887009

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Modern armed conflict has taken a variety of forms and occurs at a variety of levels, raising serious questions concerning the relationship between the law of armed conflict and the reality of contemporary warfare. Many contemporary armed conflicts are fought in pursuit of unlimited objectives, whereas other modern wars seek to advance limited goals. While in some cases modern wars are fought by traditional armies composed of clearly identifiable soldiers, often modern armed conflicts are waged by guerrilla or partisan fighters whose identities are easily confused with non-combatants. Terrorism is increasingly a characteristic manifestation of this contemporary warfare. In the broadest sense, contemporary warfare has raised often controversial and vexing questions concerning the applicability of the law of armed conflict and, when applicable, the interpretation of its principles and tenets. This engaging volume addresses some of the contemporary normative and legal challenges and problems associated with the application of the concepts of just war, the just conduct of war, and the law of armed conflict to 21st century warfare.